ILNews

Opinions Oct. 30, 2013

October 30, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Heather N. Kesling v. Hubler Nissan, Inc.
49S02-1302-CT-89
Civil tort. Holds Kesling’s fraud claim survives summary judgment but her deception claims do not. Advertising a car as “sporty car at a great value price” is not a warranty about the car’s performance or safety characteristics. But stating that a car “would just need a tune-up,” in the face of actual or constructive knowledge that it had far more serious problems, does represent a fact and therefore may be the basis of a fraud claim when a seller gives it as a knowingly incomplete answer to a buyer’s specific question.

Wednesday’s opinions

Indiana Court of Appeals
Eric Danner v. State of Indiana (NFP)
71A03-1304-PC-146
Post conviction. Affirms denial of petition for post-conviction relief.

Delmar P. Kuchaes v. JP Morgan Chase Bank, N.A. (NFP)
53A04-1206-MF-304
Mortgage foreclosure. Grants rehearing after originally dismissing appeal and finds the trial court did not abuse its discretion in denying Kuchaes’ motion to continue; in certain evidentiary rulings; in denying Kuchaes’ motion to amend the pleadings; in denying Kuchaes’ motion to reopen; and in the award of attorneys fees.

Christopher Peelman v. State of Indiana (NFP)
39A01-1301-CR-27
Criminal. Affirms convictions and sentence for Class A felonies dealing in methamphetamine and conspiracy to commit dealing in methamphetamine.

Jose A. Bonilla v. State of Indiana (NFP)
19A01-1303-CR-146
Criminal. Affirms Class C felony child molestation conviction.

Kendrick Atkins v. State of Indiana (NFP)
71A04-1303-CR-135
Criminal. Affirms conviction and sentence for Class B felony attempted robbery.

Marcus Anthony Johnson Revocable Trust and The Marion County Board of Zoning Appeals Division No. 1 v. Westchester Estates Homeowners Association, Inc., et al. (NFP)
49A04-1302-PL-59
Civil plenary. Affirms order granting summary judgment in favor of Westchester Estate Homeowners Association and other appellees and the denial of summary judgment in favor of the trust and board of zoning appeals regarding a zoning variance. 

Lawrence Harris v. State of Indiana (NFP)
49A02-1301-CR-80
Criminal. Affirms revocation of placement in community corrections and commitment to the Indiana Department of Correction to serve the remainder of Harris’ sentence.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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